§ 22-58. Docks.

Docks may be permitted subject to the following conditions:

(1)

For canals and waterways less than 100 feet in width, a dock, exclusive of dock pilings, shall not project more than 6 feet into a waterway from the property line, seawall or bulkhead, whichever is nearest to the waterway. For canals and waterways 100 feet or more in width, a dock, exclusive of dock pilings, shall not project more than 8 feet into a waterway from the property line, seawall or bulkhead, whichever is nearest to the waterway.

(2)

When the plot frontage along a body of water is 100 feet or less, only 1 dock is permitted.

(3)

The setback from the property line of an adjacent plot for a dock shall not be less than 10 feet.

(4)

Each dock shall be provided with at least 1 ladder extending from the dock surface to 2 feet below mean low water. For docks in excess of 50 feet in length, 2 ladders, as defined above, shall be provided.

(5)

A dock or 2 or more docks serving the same property and exceeding 50 feet in aggregate length shall be provided with one potable water hose bib and 1 electrical outlet for each 50 feet of dock length or major fraction thereof or for each boat where the design of the dock, finger pier or dolphin clearly indicates a specific number of boats to be moored.

(6)

A dock shall be prohibited if any of the following conditions are present:

(a)

The location or design is such that it creates a hazard to navigation.

(b)

The location abuts a marsh, swamp or mangrove area.

(c)

The location or design creates a safety hazard.

(d)

Docks shall be prohibited in the Inlet, except that a dock for passenger loading and unloading may be permitted subject to the approval of the United States Army Corps of Engineers and the city council.

(7)

Existing docks which do not conform to the requirements of this section and which are adjacent to a body of water greater than 500 feet in width, of which the Intracoastal Waterway is a part, and which are affixed to lots in a planned unit development consisting exclusively of single-family units, shall be permitted to be repaired as needed in the future, provided that the docks are in a safe condition as of December 31, 1994. Such docks which are in a safe condition on December 31, 1994, shall be subject to all provisions of this Code relating to unsafe structures or nonconforming structures.

(8)

No permits shall be issued by the city unless all required approvals from other governmental agencies with applicable jurisdiction have been obtained. Said agencies include, but are not limited to, the United States Army Corps of Engineers, the department of environmental protection, the South Florida Water Management District, and the Lake Worth Drainage District.

(9)

In the event the applicant obtains a permit for a dock in the Hillsboro or C-15 Canals from any federal, state or other public agency, and the size requirements of said permit are less restrictive that the size requirements of this section, the size restrictions of the other public agency permit shall control.

(Code 1966, § 7-74(3); Ord. No. 4208, § 1, 2-28-95; Ord. No. 4261, § 1, 3-26-96; Ord. No. 4721, § 10, 7-22-03)